The Courts of Appeal points to paragraph 321 in the Act on Criminal Procedure, and according to the paragraph an appeal to the Courts of Appeal may be dismissed if the court finds it certain that the appeal will not be successful, according to TV 2.
John Christian Elden, Høibys lawyer, claimed that the Court of Appeal has made a procedural error, and he has challenged the decision before the Supreme Court.
The Court of Appeal decided the case the same day they received it, and I did not get a chance to comment the prosecutors three pages long appeal supplement, Elden said to TV 2.
44-year-old Høiby was September 1 convicted to 60 days immediate custodial sentence and fined NOK 40,000 in compensation and damages for non-economic loss for violence against his former girlfriend.
The judgment was read exactly one day after the violence allegedly took place on his 40th birthday party at Søgne old rectory the night of August 31, 2002.
Høiby has admitted that he pushed his former girlfriend, age 41, so that she fell, got hurt and broke her finger, a testimony he always maintained. But according to the prosecuting authority, Høiby made the woman trip, and kicked her several times while she was lying defenseless on the floor.
The prosecutor demanded 90 days immediate custodial sentence, while the defense lawyer claimed that Høiby was innocent in actual bodily harm.
It was revealed that Høiby lived a hectic life last year, and that there was a lot of stress connected to his sister Mette-Marit becoming apart of the royal family.
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